MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLU7 7J iTO. 26
January 25, 1975
Dallas, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Dallas, Texas
VOLUME NO, 26
January 25, 1975
Page
74-107 Approval of Minutes of October 19, 1974 26-2
74-108 Election of President 26-2
74-109 Faculty § Staff Appointments 26-2
74-110 Acceptance of Resignations 26-4
74-111 Change in Status 26-5
74-112 Leave of Absence 26-6
74-113 Promotions 26-6
74-114 Retirements 26-7
74-115 Approval of Change Orders 2 § 3 (Business
and Education Buildings) 26-7
74-116 Approval to Amend Bank Depository Contracts 26-7
74-117 Approval to Seek Agreements with Texas Banks 26-7
74-118 Authority to Issue Purchase Order to Construct
Storm Water Lift Station 26-7
74-119 Appointment of Committee to Study Names of
University Buildings 26-8
74-120 Approval to Extend the Amended Annual Budget 26-8
74-121 Approval of Contract for Construction of
Tennis Courts, Etc. 26-8
74-122 Approval of Architectural Contract (Kent-
Marsellos-Scott) 26-29
74-123 Amendment to the Board's Rules § Regulations 26-53
74-124 Authorization to Receive and Accept Bids on
Sale of Ad Valorem Tax Bonds 26-53
74-125 Approval of Curriculum Changes 26-54
74-126 Permission to Petition the Coordinating Board 26-55
74-127 Permission to Increase Fees (Reading Evaluation
and Reading Instruction) 26-55
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN DALLAS, TEXAS
January 25, 1975
The meeting was called to order by Walter C. Todd, Chairman
of the Board of Regents, at 9:00 a.m. January 25, 1975.
PRESENT:
Members: Walter C. Todd of Dallas
Robert C. Gray of Austin
Homer Bryce of Henderson
Ernest Powers of Carthage
James I. Perkins of Rusk
Mrs. George Cullum, Jr. of Dallas
Joe Bob Golden of Jasper
Mrs. Peggy Wedgeworth Wright of Nacogdoches
ABSENT: Glenn Justice of Dallas
PRESENT: C. G. Haas, Secretary of the Board
Dr. R. W. Steen, President of the University
74-107
Upon motion of Regent r»ray, seconded by Regent Powers, with all mem
bers voting aye, it was ordered that the minutes of the meeting of
October 19, 1974, be approved.
74-108
Upon motion of Regent Perkins, seconded by Regent Bryce, with all
members voting aye, it was ordered that R. W. Steen be elected
President of the University for the period September 1, 1975 to
August 31, 1976.
74-109
Upon motion of Regent Perkins, seconded by Regent Cullum, with all
members voting aye, it was ordered that the following individuals be
employed for the positions, dates, and salaries indicated:
1. Department of Accounting
Ms. Peggy Self, 36, M.B.Ed. (Stephen F. Austin State University),
Instructor (one-quarter time) of Accounting at a salary rate of
$1,000 for the spring semester, 1975, only.
2. Department of Computer Science
Dr. Thomas J. Sager, 33, Ph.D. (University of New Mexico),
Assistant Professor of Computer Science at a salary rate of
$13,500 for nine months, effective spring semester, 1975.
3. Department of Elementary Education
Mr. Ken R. Craycraft, 26, M.Ed. (Stephen F. Austin State Univer
sity), Graduate Interne in Elementary Education at a salary rate
of $3,750 for the spring semester, 1975, only.
Mr. Alfred L. Dempsey, 24, Audio-Visual Electronic Technician
(half-time) at a salary rate of $2,250 for the spring semester,
1975, only.
Ms. Judy Kaye Dempsey, 24, B.M.Ed. (State College of Arkansas),
Head Teacher in Elementary Education Kindergarten at a salary
rate of $3,600 for the spring semester, 1975, only.
Ms. Diane Louise Silva, 26, M.Ed. (Stephen F. Austin State Uni
versity), Graduate Interne in Elementary Education at a salary
rate of $3,750 for the spring semester, 1975, only.
4. School of Forestry
Mr. Michael S. Fountain, 27, M.S.F. (Stephen F. Austin State
University), Instructor of Forestry at a salary rate of $8,250
for nine months, effective spring semester, 1975.
26-2
Dr. Sherwood C. Mclntyre, Jr., 30, Ph.D. (Auburn University),
Assistant Professor of Forestry at a salary rate of $11,000 for
nine months, effective spring semester, 1975.
Dr. George Rink, 33, Ph.D. (University of Tennessee), Assistant
Professor of Forestry at a salary rate of $11,000 for nine months,
effective spring semester, 1975.
Dr. Charles D. Webb, 39, Ph.D. (North Carolina State University),
Associate Professor of Forestry and Director of Forestry Research
at a salary rate of $17,500 for nine months, effective spring
semester, 1975.
5. Department of Home Economics
Ms. Dee S. Blackstone, 63, M.Ed. (Stephen F. Austin State Uni
versity), Graduate Interne in Home Economics at a salary rate of
$1,875 for the last half of the spring semester, 1975, only.
Ms. Dennie L. Lindsey, 30, M.S. (East Texas State University),
Instructor (half-time) of Home Economics at a salary rate of
$2,200 for the spring semester, 1975, only.
Ms. Betsy C. Shaw, 33, M.S. (East Texas State University), In
structor (half-time) of Home Economics at a salary rate of $2,200
for the spring semester, 1975, only.
Ms. Susan F. Stivers, 24, M.S. (University of Tennessee-Knoxville),
Instructor of Home Economics at a salary rate of $4,500 for the
spring semester, 1975, only.
Ms. Carolyn S. Voigtel, 39, M.Ed. (Stephen F. Austin State Uni
versity), Nursery School Assistant (half-time) in Home Economics
at a salary rate of $1,561 for the spring semester, 1975, only.
6. Department of Management
Mr. Johnny T. Long, 48, M.Ed. (Stephen F. Austin State University),
Instructor (half-time) of Management at a salary rate of $2,837
for the spring semester, 1975, only.
7. Department of Modern Languages
Dr. Arthur Ramirez, 31, Ph.D. (University of Texas-Austin),
Assistant Professor of Modern Languages at a salary rate of $11,500
for nine months, effective fall semester, 1975.
8. Department of Music
Ms. Betty Ridge Grout, 29, M.A. (Stephen F. Austin State University),
Instructor (half-time) of Music at a salary rate of $1,875 for the
spring semester, 1975, only.
26-3
9. Department of School Services
Mr. William Marry Bryan, 31, M.A. (Western Michigan University),
Assistant Professor of School Services at a salary rate of $12,500
for nine months, effective spring semester, 1975.
10. Department of Secondary Education
Ms. Hilda Martin Harris, 31, M.S.Ed. (Henderson State College),
Instructor (half-time) in Secondary Education at a salary rate of
$2,250 for the spring semester, 1975, only.
11. Student Affairs Division
Ms. Mary Jane Mangham, 53, R.N. (St. Agnes School of Nursing),
University Nurse, University Health Services, at a salary rate
of $10,000 for twelve months, effective December 1, 1974.
12. University Physical Plant
Mr. Charles E. Burkhead, 31, Work Control Center Supervisor,
Physical Plant, at a salary rate of $10,200 for twelve months,
effective December 1, 1974.
Mr. Gus V. Triana, Jr., 36, Carpenter Foreman, Physical Plant,
at a salary rate of $9,360 for twelve months, effective December 1,
1974.
Mr. Donald W. Scales, 33, Plumbing Foreman, Physical Plant, at
a salary rate of $9,360 for twelve months, effective December 1,
1974.
74-110
Upon motion of Regent Perkins, seconded by Regent Wright, with all
members voting aye, it was ordered that the following resignations be
accepted:
1. Department of Elementary Education
Ms. Claudia Beth Long, Instructor of Elementary Education and
Head Teacher, University Kindergarten, effective December 31,
1974. Ms. Long has accepted employment elsewhere.
2. Department of English
Ms. Judith Ann Caswell, Instructor of English, effective December
31, 1974. Ms. Caswell has completed her temporary contract.
Ms. Annette S. Dawson, Instructor of English, effective December
31, 1974. Ms. Dawson has completed her temporary contract.
Ms. Roxana S. Willis, Instructor of English, effective December
31, 1974. Ms. Willis has completed her temporary contract.
26-4
3. School of Forestry
Dr. Robert D. Baker, Professor of Forestry, effective December
31, 1974. Dr. Baker has accepted employment elsewhere.
Mr. Finis H. Prendergast, Jr., Lecturer (one-quarter time) of
Forestry, effective December 31, 1974. Mr. Prendergast has com
pleted his temporary contract.
Dr. Seymour I. Somberg, Professor of Forestry, effective
September 30, 1974. Dr. Somberg resigned for personal reasons.
Mr. Garnet H. Weaver, Instructor of Forestry, effective December
31, 1974. Mr. Weaver has accepted employment elsewhere.
4. University Library
Ms. Ann H. Prassel, Humanities Librarian, effective January 15,
1975. Ms. Prassel resigned for personal reasons.
5. Student Affairs Division
Mr. Winston E. Bishop, Patrolman, University Police Department,
effective January 13, 1975. Mr. Bishop has accepted employment
with the Parks and Wildlife Service as a game warden.
6. University Computer Center
Mr. Ben Jarboe, Manager of Systems and Operations, University
Computer Center, effective November 21, 1974. Mr. Jarboe has
accepted employment elsewhere.
74-111
Upon motion of Regent Bryce, seconded by Regent Gray, with all members
voting aye, it was ordered that the following changes in status be
approved:
1. School of Forestry
Dr. James C. Kroll, Assistant Professor of Forestry, from a salary
rate of $11,000 for nine months to $12,000 for nine months,
effective January 13, 1975.
Dr. Michael H. Legg, Assistant Professor of Forestry, from a
salary rate of $11,000 for nine months to $12,000 for nine months,
effective January 13, 1975.
Mr. R. Montague Whiting, Instructor of Forestry, from 100%
teaching at a salary rate of $10,000 for nine months to 75% teaching
at a salary rate of $7,500 for nine months, effective January 13,
1975. Mr. Whiting is engaged in Ph.D. studies in the cooperative
program with Texas AfTM University.
26-5
2. Department of Homo Economics
Dr. Patsy J. Spurrier, Assistant Professor of Home F.conomics,
from 100% teaching in the Department of Home Economics to 25%
teaching in Home Economics and 75% Administration, effective
January 13, 1975. Dr. Spurrier will serve as an administrative
interne for the spring semester, 1975, only.
3. Student Affairs Division
Ms. Jo Beth Mace, from Laboratory Technician, University Health
Services, at a salary rate of $9,000 for ten and a half months
to Chief Technologist/Health Clinic Administrator at a salary rate
of $10,500 for twelve months, effective January 1, 1975.
74-112
Upon motion of Regent Wright, seconded by Regent Powers, with all
members voting aye, it was ordered that the following requests for leave
be granted:
1. Department of Home Economics
Ms. Mary Ruth McKinney, Instructor of Home Economics, for the
spring semester, 1975. Ms. McKinney is enrolled in an approved
Ph.D. program.
2. University Library
Mr. Abby Mazaher, Associate Library Director of Technical Services,
for twelve months, effective January 1, 1975. Mr. Mazaher will
assist the Free University of Iran in establishing a multi-media
center.
74-113
Upon motion of Regent Wright, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following promotions be approved:
1. Department of Modern Languages
Ms. Elizabeth B. Davis, from Assistant Professor to Associate
Professor of Modern Languages, effective spring semester, 1975, at
a salary rate of $12,225 for nine months, effective January 13,
1975. Ms. Davis has been recommended by her department head and
dean.
2. Department of School Services
Dr. C. Richard Voigtel, from Assistant Professor to Associate
Professor of School Services, effective spring semester, 1975.
Dr. Voigtel has completed the requirements for promotion and has
been recommended by his department head and dean.
26-6
74-114
Upon motion of Regent Cullum, seconded by Regent Powers, with all
members voting aye, it was ordered that the following retirement be
accepted:
1. Student Affairs Division
Ms. Lena Arnwine, University Nurse, University Health Services,
effective February 1, 1975.
74-115
Upon motion of Regent Gray, seconded by Regent Bryce, with all members
voting aye, it was ordered that Change Order No. 2 in the amount of
$9,259 and Change Order No. 3 in the amount of $17,997 to be added to
the Allen M. Campbell Company contract for the construction of the
Business and Education Buildings, be approved and that the Chairman
of the Board be authorized to sign the Change Orders.
74-116
Upon motion of Regent Perkins, seconded by Regent Powers, with all
members voting aye, it was ordered that the several existing bank
depository contracts be amended, effective December 1, 1974, as follows:
"It is agreed that the Depository shall pay interest on all funds de
posited with it as time deposits, at rates which are determined as of
the date of the deposits, to be based on the fbid! price for correspond
ing maturities of U. S. Treasury Bills as shown in the latest publi
cation available of the Wall Street Journal. If the exact maturity
date is not listed in the Journal, the nearest date shown will be used."
74-117
Upon motion of Regent Perkins, seconded by Regent Wright, with all
members voting aye, it was ordered that the University be authorized to
seek agreements with individual Texas banks to provide for the placing
of University funds on certificates of deposits so as to obtain the
best interest rates possible, and that the President of the University
be authorized to sign such agreements, including the provision for
securing said funds as provided in the University's existing bank
depository contracts.
74-118
Upon motion of Regent Gray, seconded by Regent Powers, with all members
voting aye, it was ordered that the University be authorized to issue
a purchase order in the amount of $29,475.33 to Moore Construction
Company of Jacksonville, Texas, for the construction of a Storm Water
Lift Station on the Coliseum construction site, as authorized by the
interim authority of the executive committee of the Board of Regents on
December 18, 1974.
26-7
74-119
Upon motion of Regent Bryce, seconded by Regent Perkins, with all
members voting aye, it was ordered that a Regents' committee be ap
pointed in regard to considering the naming of buildings and report
to the April meeting of the Board. The Chairman appointed a com
mittee as follows: Chairman Perkins, Members Bryce, Wright, and
Powers.
74-120
Upon motion of Regent Bryce, seconded by Wright, with all members
voting aye, it was ordered that the salaries and wages for all
personnel, as listed in the Amended Annual Budget for the fiscal
year beginning September 1, 1974, ratified in the meeting of the
Regents on October 19, 1974, and as stipulated to expire January 31,
1975, be extended until the effective date of the Sixty-fourth
Legislature's appropriations for such salaries and wages for the cur
rent fiscal year, and that any changes required by Legislative act
be authorized.
74-121
Upon motion of Regent Gray, seconded by Regent Perkins, with all
members voting aye, it was ordered that the contract with Thomas §
Thompson Construction Company for $394,600 to (1) construct twelve ad
ditional tennis courts; (2) remove the Women's Recreational Center
building, the Aikman Gym, and the Men's H.P.E. Office Building; and
(3) to resurface certain streets and parking lots on the campus, be
approved and the Chairman of the Board be authorized to sign the
contract.
26-8
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the twenty-fifth day of January,
Nineteen hundred and seventy-five by and between the BOARD OF_
REGENTS, .qTRPHKN F_ AUSTIN STATE UNIVERSITY, NACOGDOCHES , TEXAS.,
acting herein through its President, hereinafter called "Owner" and THOMAS &
THOMPSON CONSTRUCTION COMPANY, INC., LUFKIN, TEXAS
hereinafter called "Contractor" .
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
TENNIS COURTS III, RAGUET STREET CONVERSION PHASE I and
PAVING 1975 prepared by Kent-Marsellos-Scott, Architects-Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of this Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
26-9
10
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled TENNIS COURTS III,
RAGUET STREET CONVERSION PHASE I and PAVING 1975,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS,
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions11; and the following:
Addendum No. 1 - Pages 1 and 2, dated December 27, 1974
Addendum No. 2 - Page 1, dated January 3, 1975
Addendum No. 3 - Page 1, dated January 6, 1975
Disregard the words "etc.11 at the ends of the three para
graphs of Addendum No. 3 listing items to be salvaged.
Paving Areas "B" and "C" are to have paving repair and
1-5/8" topping in addition to other things shown.
1. This Contract is to cover the General Contract Work , Plumbing ,
and Electric Work, complete. The said Drawings, and each and
all of said Specifications and "General Conditions11 are made a
part of this Agreement for all intents and purposes; provided
that if anything in the said "General Conditions" of the Contract
is in conflict with this Agreement; this Agreement shall control
and govern.
26-10
11
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order", and
shall be fully completed by August 1, 1975. The Contractor further
agrees to pay as liquidated damages the sum of $200.00 per day for
each consecutive calendar day thereafter the work remains unfinished
as specified in Paragraph 1.33 of "Supplementary Conditions"
and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein, the sum of
THREE HUNDRED NINETY FOUR THOUSAND SIX HUNDRED DOLLARS
($394,600.00)
out of Funds available to the Owner for expenditure
for the use and benefit of Stephen F . Austin State University from
funds provided by Auxiliary Enterprise Surplus Funds and
Student Fee Bond Proceeds .
The basis of the above contract price is as follows:
Base Bid - $394,600.00
26-11
12
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of." each month
ninety percent (90%) of the value, based on the Contract Price ol:
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
26-12
13
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1. That Contractor shall faithfully perform his
Contract and fully indemnify and save Owner harmless
from all costs and damages which may be suffered by
reason of failure to do so, and fully reimburse and re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
26-13
Surety Companies shall be on approved list of U . S .
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds" and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employer^ Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00,
b) Comprehensive General Liability Insurance and Auto-mobile
Liability Insurance: In an amount not less than
$500,000.00 for injuries, including personal injury or
accidental death
26-14
15
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU11 Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions11. The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
26-15
16
f) Before commencement of operations hereunder, Con
tractor shall i'urni.sli to the Architect, ph.otosta.tic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7 . Builder's Risk Insurance: Delete Paragraph 11. 3 of General
Conditions. The work is entirely at the Contractor's risk until it
is accepted by the Owner, and the Contractor will be held liable
for it's safety to the amount of money paid by the Owner on account
of same. The Contractor may protect himself with Builder's Risk
Insurance at his option.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
26-16
17
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor
Materials
Total $ 394,600.00
26-17
18
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By______fW By_ To
THOMAS & THOMPSON CONSTRUCTION CO ■, INC
P.O. Box 1502
LUFKIN, TEXAS 75901
Address
SEAL
READ AND EXAMINED:
&/JL Secretary
Board of Regents, Stephen F . Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
26-18
19
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of the
Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (1)
THOMAS ft THOMPSON P.fWRTRTTHTTDN COMPAQ TNH
of (2) Lnflrin, Tptss hereinafter called
Principal and (3) FIDELITY & DEPOSIT COMPANY OF MARYLAND of
Baltimore. State of Maryland ,
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter call Owner, in the penal sum of Three Hundred Ninety-Four
Thousand, Six Hundred & No/100 -;nw»fr)B8Bf*^:BBRHKHH^^
DOLLARS ($39l|.6OO.OO +), in lawful money of the United
States, to be paid in (5) Nacogdoches County, Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
".Yhereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
the Owner, dated the 2.5th day of Janaury , A. D. ,
19 75 i a copy of which is attached hereto and made a part
hereof for the construction of:
- 2 -
TEWS COURTS TTT, PA WET STREET CONVERSION PHASE T anri pavtkp, 197$
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well,
truly and faithfully perform the work in accordance with the Plans,
Specifications and Contract Documents durinS the original term
thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and, if he shall satis
fy all claims and demands incurred under such Contract, and shall
fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which
the Owner may incur in making good any default, then this obli
gation shall be void; otherwise to remain in full force and effect.
NOW, THEREFORE, if the Principal shall repair any
and all defects in said work occasioned by and resulting from de
fects in materials furnished by, or workmanship of the Principal
in performing the work covered by said Contract, occurring within
a period of twelve (12) months from the date of the Contract Com
pletion Certificate, then this obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed
upon this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work
to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work
or to the Specifications.
PROVIDED, HOWEVER, that this bond is executed
pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature,
1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same
extent as if it were copied at length.
26-19
20
-3-
IN WITNESS WHEREOF, this instrument is executed in four (h)
counterparts, each one of which shall be deemed an original, this
the
ATTEST:
.J 6.
day of January A.D. , 1975 .
THOMAS & THOMPSON CONSTRUCTION COMPANY, INC.
Principal
BY
(Principal) Secretary
SEAL President
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
FIDELITY & DfPOSIT COMPANY OF MARYLAND
Surety
BY
Attorney-in-Fact
Witness as to Surety
P. 0. Box 9. Lufkinf Texas 75901
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
26-20
PAYMENT BOND 21
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCKES
KNOW ALL MEN BY THESE PRESENTS: That we
(1) THOFAS & THOMPSON CONSTRUCTION COMPANY, INC.
a (2) Corporation
°f Lufkin, Texas hereinafter called Principal and
FIDELITY & DEPOSIT
(3) COMPANY OF MARYLAND of Baltimore ,
State of Maryland hereinafter called the Surety,
are held and firmly bound unto (4) I, CARD CF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Three Hundred Ninety-Four thousand, Six Hundred & No/100 *****
DOLLARS ($ 39U,600,00 )
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that \7hereas, the Principal entered into a certain contract with
(6) BOARD OF RLJENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner,
-2-
dated the 2foh day of January A. D. , 1975
a copy of which is hereto attached and made a part hereof for the
construction of: TENNIS COURTS III, RAQtjet STREET CONVERSION
and PAVING
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County,
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
26-21
Power of Attorney 23
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICEt BALTIMORE, MD.
Know All Mi:\ By Tjiksk Prkslcxts: That the Fidelity and Hkposit Company of Maryland, a corpora
tion ol the Stale of Maryland, by JOHN C. GARDNER , Vice-President, and C. M. PECOT, JR.
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
so to do hy the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Prcsidents, Resident Assistant Secretaries and Attorneys-in-
Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any
bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments,
decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of
the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint E. L. Bar tie tt, Sr., E. L. Bartlett, Jr., Ele
Baggett and H. J. Shands, Jr., all of Lufkin, Texas, EACH,
"
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalt as
surety, and as its act and deed: any and all bonds and undertakings, each in a penalty
not to exceed the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000)„..EXCEPT
bonds on behalf of Independent Executors, Community Survivors and Community Guardic
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of E. L. Bartlett, Sr., etal,
dated September 23, 1957.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force.
In Witness Whereof, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said Fidelity and Deposit Company of Maryland, this
28th day of August f a.D. 19....1?.
Attest: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Signed)
C_.Ma..PECOT^.JR*
Assistant Secretary
By JOHN . C....GA.RDNER .
(Seal) Vice-President
Static of Maryland
City of Baltimore
On this 28th day of August , A.D. 19 72, , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant
Secretary of the Fidelity and Deposit Company of Maryland, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written.
(Signed)
(Si-al)
GLOKIA..J.....CQLEMAJN
Notary Public Commission
CERTIFICATE
1, ilu- undersigned, Assistant Secretary of the Fidelity and Deposit Company of Maryland, do hereby certify that the original
Power ol" Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe
cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of
the Fidelity and Deposit Company of Maryland.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
Fidelity and Deposit Company of "Maryland at a meeting duly called and held on the 16th day of July, 1969.
Resolved: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of th£ said Company, this
2.5th day Of Janaurx , 19.J&.
L1419—Ctf.
26-23
Assistant Secretary
INSURANCE CERTIFICATE
24
fMIS 1$ TO CtRTIFY THAT fh* p*4ky or polk to«, if any, descried i« items 1 throat* 6 hove been issued by the T«a«f Employer* Inturonce An ciofion,
»r Mm Cmptoyftrs Coioolty Compoay, •nd/or fhe Employers Notional Imurtiice Compony as faturer or Insurers to Hm Insured detracted in tn»c <ertittcote,
M»ot «och such policy or policies, sublet to the limits of Mobility, exclusions, provisions, conditions ond other terms thereof, ore .n full force ond effect as
« dote of this certificate. If any such policy is conceded or is not renewed at the request of cither the Insured or the Insurer, or it ony such policy or
•enewol thereof is changed in ony manner or for any reoson so os to affect this Certificate, ten days' prior written notice will be moiled by the insurer
e certificate bolder, herein named. TMI CERTIFICATION Of INSURANCE AS SHOWN IN THIS CERTIFICATE REMAINS IN EFFECT UNTIL TEN GAYS'
R WRITTEN MOTICt IS MAILED TO THE CERTIFICATE HOLDER (at the address *hown below) AS ABOVE PROVIDED, or if o dote is shown in the column
id "expiration dote," such Insurance sho« expire either upon such date, or upon tho date specified in written notice mottod ten doys prior thereto, wMch-daH
sfcoJI tint occur. Thb certtticott** ra not o !•*»* k«t it a separate undertaking of each of H»e intvronce comer* shown below,
fhis certificate neither affirmatively or neaotiveJy amends, extends, or olters the coveroa.e afforded by the policy or policies certified.
E AND ADDRESS OF CERTIFICATE HOLDER
Stephen P. Austin University
c/o Kent, Marsellos & Scott
I4OU Perry Building
Lufkin, Texas 75901
F. AND ADDRESS "OF INSURED
T
homas & Thompson Construction Company , Inc.
P. 0. Box 1502
Lufkin, Texas 75901
EFFECTIVE DATE OF THIS CERTIFICATE
January 16, 197$
ISSUED AT
Tyler, Texas
Texas
insupance AssociaTion
NanonaL
insurance company
casuaiTY
company
DALLAS, TEXAS
ev 'Aufhonzod Pc^rescnrc*'-. e
i.e.
E. c. O'Neill, DM
INSURANCE IN FORCE
Kind Policy Number
1 Coverage
A
Coveroge
B
Coveroge
A
Covtrof*
Coveroge
A 1
67068
And Renewal
Thereof
And Renewal
Thereof
Coveroge
Bodily
Injury
Property
Damage
Bodily
Property
Demoqc
And Renewal
Thereof
5577I4O*
And Renewal
Thereof
And Renewal
Thereof
Expiration
Dote
If Blank-
See Heoding
If Blank-
See Heoding
If Blank-
See Heading
If Blank-
See Heoding
LIMITS OF I ABlLlTi NOT LEio THAN
Each EocJl Acc'dcn' I Pe, Pol.cy
Fully Complies With Requirements of
Texas Workmen's Compensation Law
Oiscosc Only
XXX
S^oo^oooij^oo^ooo
Fully Complies With Requirements
of State Low
Disease Only
xxx 1 $1^992.
Fully Complies With Requirements
of State Low
XXX $100,000
Disease Only
$100,000
_*_x.x. _;..L3oo1ooo
If Blonk-
See Heoding
And Rene»ol I It Blonk-
THcrrof t See Heodinq
300.!000.. _
Not
Applicable
Not
Applicable
STATE AND
LOCATION OF OPERATIONS
STATE OF TEXAS
U.S.A., ITS TERRITORIES OR
POSSESSIONS AND CANADA
U.S.A., ITS TERRITORIES OR
POSSESSIONS AMD CANADA
*This rol:ey includes blanket contractual for hold harmless agreements.
*Thii? prorc^ty damage limit shown :s applicable only to work performed or
Te.nji.ir, Cn.*ts & "Raguet Street Alteratur^ Stephen F. Austin University
*Tha« f >'icy includes personal injury coverage
* yc 'j '?)>:.c 1 •.} s i 0 t\ r•■■?moved
(ovsr)
the
v'. MiVtO, 459? C DITTO I'y-fl L
26-24
25
his policy covers as owner, Stephen F. Austin University, for work performed for thetf ■
y Thomas k Thompson Construction Company, Inc. limited to work performed on the Tennis
ourts and ftaguet Street Alterations at Stephen P. Austin University, by attachment of
tandard Endorsement #IKB-G115
his policy covers Kent, Marsellos & Scott Architects aa "other interests" for work
«rfonned by Thomas in Thompson Construction Company, Inc. on the Tennis Courts and
Aguet Street Alterations at Stephen P. Austin University, by attachment of Standard
indorsement #G-107
26-25
26
MANUFACTURERS AND CONTRACTORS
10. Owners of land leased to others under long
term contracts, and upon which buildings have
been erected by the lessees, on policies cover
ing the lessees.
Owners or Lessees on policies covering con
tractors as respects liability for operations
performed for such owners or lessees by such
contractors or by others on behalf of such con
tractors provided insurance exists in the same
company for agreements indemnifying the
owner or lessee Tor ILahillty afjfjng out of the
jajpe-^ej^tions.flJse Standard rnoorseme~nT^
15 Trustees or members of boards of governors,
on policies covering charitable or educational
institutions.
13. Trustees, members of boards of governors
or clergymen, on policies covering religious
institutions.
B. Additional charge. Other interests may be included
^Hollows
Architects, engineers or surveyors. Coverage
for architects, engineers and surveyors en
gaged by the named insured may be included
as additional interests under policies issued to
owners or contractors at an additional pre
mium charge of 10%. Such coverage shall
exclude coverage for claims arising out of
any professional services performed by or for
the named insured, including (a) the prepara
tion or approval of maps, plans, opinions, re
ports, surveys, designs or specifications and
(b) supervisory, inspection or engineering ser-f,
Employees other than executive officers. Risks
involving coverage for the personal liability of
employees in connection with their occupa
tional pursuits on policies covering their em
ployers, shall be submitted for rating.
Use Standard Endorsement G106.
3. Qaeolme or OH Dealers. Lessors of premises
operated as (i) Gasoline Stations—retail, or
(ii) Gasoline or oil bulk distributing points, and
operators of such premises may be covered
under one policy at the rates and minimum
premiums per location and per policy, appli
cable to each operator under a separate pol
icy, increased 10%.
4 Owners, manager* or operators of premises,
or interests from whom premises have been
rented or leased, may be included on policies
covering lessees or tenants, at 90% of the
Owners Landlords and Tenants Liability pre
mium which would apply if they were sepa
rately insured except as specified under para
graph 3. above.
Use Standard Endorsement G109
5. Owners or Lessees on policies covering con
tractors, or contractors on subcontractors
policies, at 90% of the owners or contractor
protective liability premium which would apply
il they were separately insured.
Use Standard Endorsement—IRB-G116
See division A. paragraph 11 for procedure to
follow if an indemnification agreement is in
sured in the same company and the limited
coverage afforded by Standard Endorsement—
IRB-Gl 15 is to apply.
& State*, counties, cities or other government
al unltt. Coverage for the liability of govern
mental units on policies issued to the owner or
lessee of the premises, in connection with per
mits involving:
(I) the existence, maintenance, repair, con
struction, erection, or removal of adver
tising signs, awnings, canopies, cellar en
trances, coal holes, driveways, hoistway
openings, manholes, marquees, sidewalk
vaults, street banners, street decorations,
and similar types of exposures, or
(ii) the construction, erection or removal of
elevators, may be included at additional
charges of:
B.I $4.00 P.D $2.50
These charges apply for one or more such
exposures, per policy for one year or less, and
are not subject to short rate adjustment. If
Property Damage coverage is afforded the
additional interest, and not the principal inter
est, the above P.D charge applies disregarding
the minirr\um premium. (Report statistically
under governing classification.)
Use Standard Endorsement Gill.
7 States, counties, cities or other governmental
units. Coverage for the liability of government
al units on policies issued to contractors, in
connection with permits, except those in
volving operations performed for govern
mental units, may be included at additional
Charges of:
RATES:
B.I (a) P.D (a)
Minimum Premiums—per policy—one year
or less—not subject to short rate ad|ustment:
B.I (a) P.D (a)
If Property Damage coverage is afforded
the additional interest, and not the principal
interest, the P.O. rate and minimum premium
apply, disregarding the basic Manufacturers
and Contractors Property Damage minimum
premium. (Report statistically under governing
classification )
Use Standard Endorsement Gl 10
8. Volunteer Workers. Risks involving coverage
for the personal liability of volunteer firemen.
auxiliary policemen or other volunteer workers
in connection with their volunteer activities.
on policies covering the interests for whom
such activities are performed, shall be sub
mitted for rating.
9. All other additional interests may be included
at an additional premium charge of 10%. ex
cept as stated in division C. "Exclusions '
C. Exclusions. The interests listed below shall not be
included except as specified under division A "No
additional charge' .
1 Architects, engineers or surveyors not en
gaged by the insured.
2. Contractors on policies covering owners or
lessees.
3 States, counties, cities or other governmental
units, m connection with permits issued for
operations performed for the governmental
unit
4 Sub-contractors on policies covering OAn^s
or lessees or contractors.
5. Tenants or lessees, on policies covenng own
ers, managers or operators of premises or
interests from whom premises have been
rented c leased, except as specified under
division B. paragraph 3
XIII. CLASSIFICATION PROCEDURE
A The Governing Classification of a risk is defined as
that classification, other than the Standard Ex
ceptions classifications, which carries the largest
amount of payroll.
Jte January 1.1973 Original
Copyright, 1973. Insurance Services Office
26-26
27
CERTIFICATE OF INSURANCE
smed at the request of : Wilbur Kent
Kent, Marsellos & Scott
dress : I4OI4 Perry Building
Lufkin, Texas 75901
1HIS IS TO CERTIFY THAT the insured narued below is at this date insured with the
signated ooapany as described in the following schedule:
ne of Insured
dress of Insured
DESCRIPTIVE SCHEDULE
. Thomas & Thompson Construction, Co., Inc.
P. 0. Box 1^0?
: Lufkin, Texas 75901
pe of Insurance Policy Number Expiration
Date
Limits
oprehensive
tastrophe Liability DCL 07 76 20 7/8/75 $1,000,000.
cess of the Insured1s General Liability, Automobile Liability, Employers1 Liability and
y other form of Casualty Insurance, as set out in the Schedule of Underlying Insurance
bached to this policy.
THE EVENT OF CANCELLATION of the insurance it is agreed the issuing coapany will make
iry effort to notify the party to whom this certificate is issued of such cancellation,
t undertakes no responsibility by reason of any failure so to do.
Covers: Tennis Courts III, Raguet Street Conversion phase I and
Paving 1975.
BVICING AGENT:
Bartlett, B^ggett & Shands
P. 0. Box 9
Lufkin, Texas 75901
X UNITED STATES FIRE INSURANCE COMPANY
VESTCHESTER FIRE INSURANCE COMPANY
THE NORTH RIVER INSURANCE COMPANY
INTERNATIONAL INSURANCE COMPANY
BARTLEW, BAGGETT & SHANDS
By: Z^L
Authorized Representative
26-27
c£ 28
LIFE & CASUALTY
The jflEtna Casualty and Surety Company
The Standard Fire Insurance Company
Hartford, Connecticut
To Wilbur Kent
Kent, Marselloa & Scott
UOU Perry Building
Lofkin, Tens 7590ft
Date 1/16/75
Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force
in the Company indicated above by El, as follows:
Name of insured Thomas & Thompson ComtrttctiM, Co*, Irm. Coreringt Tennis Ocmrts HI,
P. 0. Box l£02 Ragoet Street Conpsrsion
Covering Lafldn, Tews 7HJ9O1 phase I and Paring 1975
nt of cancellation.
l notice will be given to the party
>m this certificate is
BAKT
By.
26-28
HLOOBTT & SHANDS
Authorized Representative
29
74-122
Upon motion of Regent Bryce, seconded by Regent Cullum, with all mem
bers voting aye, it was ordered that the architectural agreement with
Kent, Marsellos, and Scott for the design and supervision of the
tennis courts, Raguet Street improvements and general paving project
be approved and the Chairman of the Board be authorized to sign the
contract. (The fee is 7.3%).
26-29
30
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twenty Fifth day of January in
the year Nineteen Hundred and Seventy Five and between the BOARD OF
REGENTS STEPHEN F, AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, TENNIS COURTS III,
RAGUET STREET CONVERSION PHASE I AND PAVING 1975 hereinafter
called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; Seven and Three Tenths Per Cent (7.3%) of the
project construction cost; hereinafter referred to as the
Basic Rate; and such
26-30
31
other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from Auxiliary Enterprise Surplus
Funds and Student Fee Bond Proceeds
and other funds available to the Owner for expenditure
for the use and benefit of Stephen F . Austin State University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as agreed upon between the Owner
and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
Ill. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engi
neering services and any other services included in Article 14 as
Basic Services.
■26-31
32
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shall pre
pare Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, mechanical and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
26-32
33
entire Project including the necessary bidding information, and shall
assist in the preparation of bidding forms, the Conditions of the Con
tract, and the form of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over
the Proj ect.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construc
tion Contract and will terminate when the final Certificate for Payment
is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Con
tract as set forth in AIA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and respon
sibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
26-33
34
1.12 The Architect, as the representative of the Owner during the Con
struction phase, shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless other
wise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize him
self generally with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance with the Con
tract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be respon
sible for construction means, methods, techniques, sequences or pro
cedures, or for safety precautions and programs in connection with the
Work, and he shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Appli
cations for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts,
26-34
35
The issuance oi a Certificate.: lor Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observation.1,
at the site as provided in Subparagraph 1.1.14 and the data comprising
the Application for Payment, that the Work has progressed to the point
indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
to any specific qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Con
tract Sum .
1.1.16 The Architect shall be, in the first instance, the interpreter of the re
quirements of the Contract Documents and the impartial judge of the per
formance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con
tract Documents.
26-35
1.1.17 The Architect shall have authority to reject Work which does not con
form to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implemen
tation of the intent of the Contract Documents, he will have authority
to require special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such Work be
then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and
other submission of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in
the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of Sub
stantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors1 agents or employees, or any other persons performing any
of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the
26-36
37
Owner and Architect agree, the Architect shall provide one or more
Full-Time Project Representatives to assist the Architect.
] .2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated
therefor as mutually agreed between the Owner and the Architect as
set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Full-
Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representativ
es of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work, but the
furnishing of such project representation shall not make the Architect
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs, or for the
Contractor's failure to perform the Work in accordance with the Con
tract Documents.
1. 3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
26-37
38
1.3.1 Providing analyses of thu Owner's needs, and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites,
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces.
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner .
26-38
39
1.3.10 Providing consultation concerning replacement of any Work damaged
by lire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1 . 3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2 .1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
26-39
40
2.2 The; Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect t'» the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
26-40
41
2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.] For completed construction, the cost of all such Work, including costs
of managing construction;
26-41
42
■j. I .2 I'or Work not constructed, (I; the: lowest bona fide bid received frorr,
;l cjualUied bidder ior any or ;ill ol such Work; or (2) it the Work is
not bid, the bona fide negotiated proposal submitted for any or all o!
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2 . 3 through 2 . 6 inclusive .
3.3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors1 methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
26-42
43
This page left blank.
26-43
44
3.5 When a fixed limit of Construction Cost is established as a condition of
this Agreement-, it shall be in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for :he
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable),
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
26-44
45
Construction Cost or the Statement of Probable Construction cost, the
Owner shall (1) give written approval of an increase in such fixed
limit;, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5,1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
26-45
46
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid .tor securing approval of authorities having jurisdiction over
the Project.
5.1 .2 Expense of reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 Expense of computer time when used in connection with Additional
Services .
ARTICLE 6
PAYMENTS TO THE ARCHITECT
b.l Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phas 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
26-46
47
6.2 Payments lor Additional Services of the Architect as defined in Para
graph J.. ■>. ;>.jnd for Reimbursable Expenses zs defined in Article 5
shal] be made monthly upon presentation of the Architect's statement of
services rendered.
6.3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment .
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
26-47
48
ARTICLE 8
TERMINATION Of'1 AGREEMENT
tf . i This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination .
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses .
8.3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner on
26-48
projects or extensions to this Project except by agreement in
vriting and with appropriate compensation to the Architect.
AR1ICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants o£
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other .
ARTICLE 11
ARBITRATION
11.] All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise,
No arbitration, arising out of, or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi
tional party not a party to this Agreement except by written consent
26-49
5 0
•. '.j\ .' aiiiine 'i specific reference to this Agreement and signed by all
the. parties hereto. Any consent to arbitration involving an a.ddi-tional
party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen, in
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim ,
dispute or other matter in question would be barred by the applicable
statute of limitations .
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereol .
26-50
51
ARTICLE 12
I/.XTRNT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
26-51
r>2
N I'M tit k < )R COUNTERPART COPIES
This Contract is executed in lour counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
President of the Board
ATTEST:
A,.-.
Secretary
KENT , MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
26-52
53
74-]23
Upon motion of Regent Perkins, seconded by Regent Gray, with all
members voting aye, it was ordered that the Board's rules and regu
lations be amended by inserting the following:
The official retirement age for employees of the University
is seventy years, and an employee shall be retired on
August 31 next after attaining age seventy. Academic deans,
department heads, and any other administrative officers
holding positions normally subject to the protection of
tenure shall be relieved of administrative responsibilities
on August 31 next after attaining age 65. (This regulation
will become effective on August 31, 1976, and will apply
on that date to those who have reached age 65.) An indi
vidual in this category may continue to serve the University
as a faculty member at an appropriate salary until August 31
following the seventieth birthday.
The Board of Regents may make exceptions to this rule for
the benefit of the University.
74-124
Upon motion of Regent Gray, seconded by Regent Powers, with all
members voting aye, it was ordered that C. G. Haas, Secretary to
the Board, be authorized to receive bids on the sale of the Boardfs
subordinate lien Ad Valorem Tax Bonds and is further authorized to
accept the bid which, in his judgment, is the most desirable, sub
ject to the confirmation of same by action of the Board.
26-53
54
74-125
Upon motion of Regent Cullum, seconded by Regent Powers, with all members
voting aye, it was ordered that the following curriculum items, approved by the
University Undergraduate and Graduate Curriculum Committees, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Hours
Credi t
COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Geology 510
Theatre 480G
Title and Credit
Earth Science for Teachers
(3)
High School Theatre
Activities (2)
New
No.
510
480G
New Title and Credit
Earth Science for Teachers
(4)
High School Theatre
Activities (3)
26-54
74-126
Upon motion of Regent Brycc, seconded by Regent Wright, with all
members voting aye, the University was granted permission to petition
the Coordinating Board to offer the following degree programs:
1. Master of Science Degree with a Major in Statistics
2. Bachelor of Arts Degree with Interdepartmental Majors in Liberal
Arts
3. Doctor of Forestry
74-127
Upon motion of Regent Powers, seconded by Regent Gray, with all
members voting aye, permission was granted the University to increase
the reading evaluation fee from $5.00 to $15.00 and to increase the
reading instruction fee from $15.00 to $30.00 per semester.
The meeting adjourned at 11:30 a.m. The next regular meeting will be
the annual meeting in April held on the campus of the University.
26-55

Click tabs to swap between content that is broken into logical sections.

This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu

Transcript

MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLU7 7J iTO. 26
January 25, 1975
Dallas, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Dallas, Texas
VOLUME NO, 26
January 25, 1975
Page
74-107 Approval of Minutes of October 19, 1974 26-2
74-108 Election of President 26-2
74-109 Faculty § Staff Appointments 26-2
74-110 Acceptance of Resignations 26-4
74-111 Change in Status 26-5
74-112 Leave of Absence 26-6
74-113 Promotions 26-6
74-114 Retirements 26-7
74-115 Approval of Change Orders 2 § 3 (Business
and Education Buildings) 26-7
74-116 Approval to Amend Bank Depository Contracts 26-7
74-117 Approval to Seek Agreements with Texas Banks 26-7
74-118 Authority to Issue Purchase Order to Construct
Storm Water Lift Station 26-7
74-119 Appointment of Committee to Study Names of
University Buildings 26-8
74-120 Approval to Extend the Amended Annual Budget 26-8
74-121 Approval of Contract for Construction of
Tennis Courts, Etc. 26-8
74-122 Approval of Architectural Contract (Kent-
Marsellos-Scott) 26-29
74-123 Amendment to the Board's Rules § Regulations 26-53
74-124 Authorization to Receive and Accept Bids on
Sale of Ad Valorem Tax Bonds 26-53
74-125 Approval of Curriculum Changes 26-54
74-126 Permission to Petition the Coordinating Board 26-55
74-127 Permission to Increase Fees (Reading Evaluation
and Reading Instruction) 26-55
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN DALLAS, TEXAS
January 25, 1975
The meeting was called to order by Walter C. Todd, Chairman
of the Board of Regents, at 9:00 a.m. January 25, 1975.
PRESENT:
Members: Walter C. Todd of Dallas
Robert C. Gray of Austin
Homer Bryce of Henderson
Ernest Powers of Carthage
James I. Perkins of Rusk
Mrs. George Cullum, Jr. of Dallas
Joe Bob Golden of Jasper
Mrs. Peggy Wedgeworth Wright of Nacogdoches
ABSENT: Glenn Justice of Dallas
PRESENT: C. G. Haas, Secretary of the Board
Dr. R. W. Steen, President of the University
74-107
Upon motion of Regent r»ray, seconded by Regent Powers, with all mem
bers voting aye, it was ordered that the minutes of the meeting of
October 19, 1974, be approved.
74-108
Upon motion of Regent Perkins, seconded by Regent Bryce, with all
members voting aye, it was ordered that R. W. Steen be elected
President of the University for the period September 1, 1975 to
August 31, 1976.
74-109
Upon motion of Regent Perkins, seconded by Regent Cullum, with all
members voting aye, it was ordered that the following individuals be
employed for the positions, dates, and salaries indicated:
1. Department of Accounting
Ms. Peggy Self, 36, M.B.Ed. (Stephen F. Austin State University),
Instructor (one-quarter time) of Accounting at a salary rate of
$1,000 for the spring semester, 1975, only.
2. Department of Computer Science
Dr. Thomas J. Sager, 33, Ph.D. (University of New Mexico),
Assistant Professor of Computer Science at a salary rate of
$13,500 for nine months, effective spring semester, 1975.
3. Department of Elementary Education
Mr. Ken R. Craycraft, 26, M.Ed. (Stephen F. Austin State Univer
sity), Graduate Interne in Elementary Education at a salary rate
of $3,750 for the spring semester, 1975, only.
Mr. Alfred L. Dempsey, 24, Audio-Visual Electronic Technician
(half-time) at a salary rate of $2,250 for the spring semester,
1975, only.
Ms. Judy Kaye Dempsey, 24, B.M.Ed. (State College of Arkansas),
Head Teacher in Elementary Education Kindergarten at a salary
rate of $3,600 for the spring semester, 1975, only.
Ms. Diane Louise Silva, 26, M.Ed. (Stephen F. Austin State Uni
versity), Graduate Interne in Elementary Education at a salary
rate of $3,750 for the spring semester, 1975, only.
4. School of Forestry
Mr. Michael S. Fountain, 27, M.S.F. (Stephen F. Austin State
University), Instructor of Forestry at a salary rate of $8,250
for nine months, effective spring semester, 1975.
26-2
Dr. Sherwood C. Mclntyre, Jr., 30, Ph.D. (Auburn University),
Assistant Professor of Forestry at a salary rate of $11,000 for
nine months, effective spring semester, 1975.
Dr. George Rink, 33, Ph.D. (University of Tennessee), Assistant
Professor of Forestry at a salary rate of $11,000 for nine months,
effective spring semester, 1975.
Dr. Charles D. Webb, 39, Ph.D. (North Carolina State University),
Associate Professor of Forestry and Director of Forestry Research
at a salary rate of $17,500 for nine months, effective spring
semester, 1975.
5. Department of Home Economics
Ms. Dee S. Blackstone, 63, M.Ed. (Stephen F. Austin State Uni
versity), Graduate Interne in Home Economics at a salary rate of
$1,875 for the last half of the spring semester, 1975, only.
Ms. Dennie L. Lindsey, 30, M.S. (East Texas State University),
Instructor (half-time) of Home Economics at a salary rate of
$2,200 for the spring semester, 1975, only.
Ms. Betsy C. Shaw, 33, M.S. (East Texas State University), In
structor (half-time) of Home Economics at a salary rate of $2,200
for the spring semester, 1975, only.
Ms. Susan F. Stivers, 24, M.S. (University of Tennessee-Knoxville),
Instructor of Home Economics at a salary rate of $4,500 for the
spring semester, 1975, only.
Ms. Carolyn S. Voigtel, 39, M.Ed. (Stephen F. Austin State Uni
versity), Nursery School Assistant (half-time) in Home Economics
at a salary rate of $1,561 for the spring semester, 1975, only.
6. Department of Management
Mr. Johnny T. Long, 48, M.Ed. (Stephen F. Austin State University),
Instructor (half-time) of Management at a salary rate of $2,837
for the spring semester, 1975, only.
7. Department of Modern Languages
Dr. Arthur Ramirez, 31, Ph.D. (University of Texas-Austin),
Assistant Professor of Modern Languages at a salary rate of $11,500
for nine months, effective fall semester, 1975.
8. Department of Music
Ms. Betty Ridge Grout, 29, M.A. (Stephen F. Austin State University),
Instructor (half-time) of Music at a salary rate of $1,875 for the
spring semester, 1975, only.
26-3
9. Department of School Services
Mr. William Marry Bryan, 31, M.A. (Western Michigan University),
Assistant Professor of School Services at a salary rate of $12,500
for nine months, effective spring semester, 1975.
10. Department of Secondary Education
Ms. Hilda Martin Harris, 31, M.S.Ed. (Henderson State College),
Instructor (half-time) in Secondary Education at a salary rate of
$2,250 for the spring semester, 1975, only.
11. Student Affairs Division
Ms. Mary Jane Mangham, 53, R.N. (St. Agnes School of Nursing),
University Nurse, University Health Services, at a salary rate
of $10,000 for twelve months, effective December 1, 1974.
12. University Physical Plant
Mr. Charles E. Burkhead, 31, Work Control Center Supervisor,
Physical Plant, at a salary rate of $10,200 for twelve months,
effective December 1, 1974.
Mr. Gus V. Triana, Jr., 36, Carpenter Foreman, Physical Plant,
at a salary rate of $9,360 for twelve months, effective December 1,
1974.
Mr. Donald W. Scales, 33, Plumbing Foreman, Physical Plant, at
a salary rate of $9,360 for twelve months, effective December 1,
1974.
74-110
Upon motion of Regent Perkins, seconded by Regent Wright, with all
members voting aye, it was ordered that the following resignations be
accepted:
1. Department of Elementary Education
Ms. Claudia Beth Long, Instructor of Elementary Education and
Head Teacher, University Kindergarten, effective December 31,
1974. Ms. Long has accepted employment elsewhere.
2. Department of English
Ms. Judith Ann Caswell, Instructor of English, effective December
31, 1974. Ms. Caswell has completed her temporary contract.
Ms. Annette S. Dawson, Instructor of English, effective December
31, 1974. Ms. Dawson has completed her temporary contract.
Ms. Roxana S. Willis, Instructor of English, effective December
31, 1974. Ms. Willis has completed her temporary contract.
26-4
3. School of Forestry
Dr. Robert D. Baker, Professor of Forestry, effective December
31, 1974. Dr. Baker has accepted employment elsewhere.
Mr. Finis H. Prendergast, Jr., Lecturer (one-quarter time) of
Forestry, effective December 31, 1974. Mr. Prendergast has com
pleted his temporary contract.
Dr. Seymour I. Somberg, Professor of Forestry, effective
September 30, 1974. Dr. Somberg resigned for personal reasons.
Mr. Garnet H. Weaver, Instructor of Forestry, effective December
31, 1974. Mr. Weaver has accepted employment elsewhere.
4. University Library
Ms. Ann H. Prassel, Humanities Librarian, effective January 15,
1975. Ms. Prassel resigned for personal reasons.
5. Student Affairs Division
Mr. Winston E. Bishop, Patrolman, University Police Department,
effective January 13, 1975. Mr. Bishop has accepted employment
with the Parks and Wildlife Service as a game warden.
6. University Computer Center
Mr. Ben Jarboe, Manager of Systems and Operations, University
Computer Center, effective November 21, 1974. Mr. Jarboe has
accepted employment elsewhere.
74-111
Upon motion of Regent Bryce, seconded by Regent Gray, with all members
voting aye, it was ordered that the following changes in status be
approved:
1. School of Forestry
Dr. James C. Kroll, Assistant Professor of Forestry, from a salary
rate of $11,000 for nine months to $12,000 for nine months,
effective January 13, 1975.
Dr. Michael H. Legg, Assistant Professor of Forestry, from a
salary rate of $11,000 for nine months to $12,000 for nine months,
effective January 13, 1975.
Mr. R. Montague Whiting, Instructor of Forestry, from 100%
teaching at a salary rate of $10,000 for nine months to 75% teaching
at a salary rate of $7,500 for nine months, effective January 13,
1975. Mr. Whiting is engaged in Ph.D. studies in the cooperative
program with Texas AfTM University.
26-5
2. Department of Homo Economics
Dr. Patsy J. Spurrier, Assistant Professor of Home F.conomics,
from 100% teaching in the Department of Home Economics to 25%
teaching in Home Economics and 75% Administration, effective
January 13, 1975. Dr. Spurrier will serve as an administrative
interne for the spring semester, 1975, only.
3. Student Affairs Division
Ms. Jo Beth Mace, from Laboratory Technician, University Health
Services, at a salary rate of $9,000 for ten and a half months
to Chief Technologist/Health Clinic Administrator at a salary rate
of $10,500 for twelve months, effective January 1, 1975.
74-112
Upon motion of Regent Wright, seconded by Regent Powers, with all
members voting aye, it was ordered that the following requests for leave
be granted:
1. Department of Home Economics
Ms. Mary Ruth McKinney, Instructor of Home Economics, for the
spring semester, 1975. Ms. McKinney is enrolled in an approved
Ph.D. program.
2. University Library
Mr. Abby Mazaher, Associate Library Director of Technical Services,
for twelve months, effective January 1, 1975. Mr. Mazaher will
assist the Free University of Iran in establishing a multi-media
center.
74-113
Upon motion of Regent Wright, seconded by Regent Bryce, with all members
voting aye, it was ordered that the following promotions be approved:
1. Department of Modern Languages
Ms. Elizabeth B. Davis, from Assistant Professor to Associate
Professor of Modern Languages, effective spring semester, 1975, at
a salary rate of $12,225 for nine months, effective January 13,
1975. Ms. Davis has been recommended by her department head and
dean.
2. Department of School Services
Dr. C. Richard Voigtel, from Assistant Professor to Associate
Professor of School Services, effective spring semester, 1975.
Dr. Voigtel has completed the requirements for promotion and has
been recommended by his department head and dean.
26-6
74-114
Upon motion of Regent Cullum, seconded by Regent Powers, with all
members voting aye, it was ordered that the following retirement be
accepted:
1. Student Affairs Division
Ms. Lena Arnwine, University Nurse, University Health Services,
effective February 1, 1975.
74-115
Upon motion of Regent Gray, seconded by Regent Bryce, with all members
voting aye, it was ordered that Change Order No. 2 in the amount of
$9,259 and Change Order No. 3 in the amount of $17,997 to be added to
the Allen M. Campbell Company contract for the construction of the
Business and Education Buildings, be approved and that the Chairman
of the Board be authorized to sign the Change Orders.
74-116
Upon motion of Regent Perkins, seconded by Regent Powers, with all
members voting aye, it was ordered that the several existing bank
depository contracts be amended, effective December 1, 1974, as follows:
"It is agreed that the Depository shall pay interest on all funds de
posited with it as time deposits, at rates which are determined as of
the date of the deposits, to be based on the fbid! price for correspond
ing maturities of U. S. Treasury Bills as shown in the latest publi
cation available of the Wall Street Journal. If the exact maturity
date is not listed in the Journal, the nearest date shown will be used."
74-117
Upon motion of Regent Perkins, seconded by Regent Wright, with all
members voting aye, it was ordered that the University be authorized to
seek agreements with individual Texas banks to provide for the placing
of University funds on certificates of deposits so as to obtain the
best interest rates possible, and that the President of the University
be authorized to sign such agreements, including the provision for
securing said funds as provided in the University's existing bank
depository contracts.
74-118
Upon motion of Regent Gray, seconded by Regent Powers, with all members
voting aye, it was ordered that the University be authorized to issue
a purchase order in the amount of $29,475.33 to Moore Construction
Company of Jacksonville, Texas, for the construction of a Storm Water
Lift Station on the Coliseum construction site, as authorized by the
interim authority of the executive committee of the Board of Regents on
December 18, 1974.
26-7
74-119
Upon motion of Regent Bryce, seconded by Regent Perkins, with all
members voting aye, it was ordered that a Regents' committee be ap
pointed in regard to considering the naming of buildings and report
to the April meeting of the Board. The Chairman appointed a com
mittee as follows: Chairman Perkins, Members Bryce, Wright, and
Powers.
74-120
Upon motion of Regent Bryce, seconded by Wright, with all members
voting aye, it was ordered that the salaries and wages for all
personnel, as listed in the Amended Annual Budget for the fiscal
year beginning September 1, 1974, ratified in the meeting of the
Regents on October 19, 1974, and as stipulated to expire January 31,
1975, be extended until the effective date of the Sixty-fourth
Legislature's appropriations for such salaries and wages for the cur
rent fiscal year, and that any changes required by Legislative act
be authorized.
74-121
Upon motion of Regent Gray, seconded by Regent Perkins, with all
members voting aye, it was ordered that the contract with Thomas §
Thompson Construction Company for $394,600 to (1) construct twelve ad
ditional tennis courts; (2) remove the Women's Recreational Center
building, the Aikman Gym, and the Men's H.P.E. Office Building; and
(3) to resurface certain streets and parking lots on the campus, be
approved and the Chairman of the Board be authorized to sign the
contract.
26-8
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the twenty-fifth day of January,
Nineteen hundred and seventy-five by and between the BOARD OF_
REGENTS, .qTRPHKN F_ AUSTIN STATE UNIVERSITY, NACOGDOCHES , TEXAS.,
acting herein through its President, hereinafter called "Owner" and THOMAS &
THOMPSON CONSTRUCTION COMPANY, INC., LUFKIN, TEXAS
hereinafter called "Contractor" .
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
TENNIS COURTS III, RAGUET STREET CONVERSION PHASE I and
PAVING 1975 prepared by Kent-Marsellos-Scott, Architects-Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of this Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
26-9
10
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled TENNIS COURTS III,
RAGUET STREET CONVERSION PHASE I and PAVING 1975,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS,
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions11; and the following:
Addendum No. 1 - Pages 1 and 2, dated December 27, 1974
Addendum No. 2 - Page 1, dated January 3, 1975
Addendum No. 3 - Page 1, dated January 6, 1975
Disregard the words "etc.11 at the ends of the three para
graphs of Addendum No. 3 listing items to be salvaged.
Paving Areas "B" and "C" are to have paving repair and
1-5/8" topping in addition to other things shown.
1. This Contract is to cover the General Contract Work , Plumbing ,
and Electric Work, complete. The said Drawings, and each and
all of said Specifications and "General Conditions11 are made a
part of this Agreement for all intents and purposes; provided
that if anything in the said "General Conditions" of the Contract
is in conflict with this Agreement; this Agreement shall control
and govern.
26-10
11
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order", and
shall be fully completed by August 1, 1975. The Contractor further
agrees to pay as liquidated damages the sum of $200.00 per day for
each consecutive calendar day thereafter the work remains unfinished
as specified in Paragraph 1.33 of "Supplementary Conditions"
and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein, the sum of
THREE HUNDRED NINETY FOUR THOUSAND SIX HUNDRED DOLLARS
($394,600.00)
out of Funds available to the Owner for expenditure
for the use and benefit of Stephen F . Austin State University from
funds provided by Auxiliary Enterprise Surplus Funds and
Student Fee Bond Proceeds .
The basis of the above contract price is as follows:
Base Bid - $394,600.00
26-11
12
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of." each month
ninety percent (90%) of the value, based on the Contract Price ol:
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
26-12
13
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1. That Contractor shall faithfully perform his
Contract and fully indemnify and save Owner harmless
from all costs and damages which may be suffered by
reason of failure to do so, and fully reimburse and re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
26-13
Surety Companies shall be on approved list of U . S .
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds" and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employer^ Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00,
b) Comprehensive General Liability Insurance and Auto-mobile
Liability Insurance: In an amount not less than
$500,000.00 for injuries, including personal injury or
accidental death
26-14
15
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU11 Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions11. The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
26-15
16
f) Before commencement of operations hereunder, Con
tractor shall i'urni.sli to the Architect, ph.otosta.tic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7 . Builder's Risk Insurance: Delete Paragraph 11. 3 of General
Conditions. The work is entirely at the Contractor's risk until it
is accepted by the Owner, and the Contractor will be held liable
for it's safety to the amount of money paid by the Owner on account
of same. The Contractor may protect himself with Builder's Risk
Insurance at his option.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
26-16
17
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor
Materials
Total $ 394,600.00
26-17
18
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By______fW By_ To
THOMAS & THOMPSON CONSTRUCTION CO ■, INC
P.O. Box 1502
LUFKIN, TEXAS 75901
Address
SEAL
READ AND EXAMINED:
&/JL Secretary
Board of Regents, Stephen F . Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
26-18
19
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of the
Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (1)
THOMAS ft THOMPSON P.fWRTRTTHTTDN COMPAQ TNH
of (2) Lnflrin, Tptss hereinafter called
Principal and (3) FIDELITY & DEPOSIT COMPANY OF MARYLAND of
Baltimore. State of Maryland ,
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter call Owner, in the penal sum of Three Hundred Ninety-Four
Thousand, Six Hundred & No/100 -;nw»fr)B8Bf*^:BBRHKHH^^
DOLLARS ($39l|.6OO.OO +), in lawful money of the United
States, to be paid in (5) Nacogdoches County, Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
".Yhereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
the Owner, dated the 2.5th day of Janaury , A. D. ,
19 75 i a copy of which is attached hereto and made a part
hereof for the construction of:
- 2 -
TEWS COURTS TTT, PA WET STREET CONVERSION PHASE T anri pavtkp, 197$
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well,
truly and faithfully perform the work in accordance with the Plans,
Specifications and Contract Documents durinS the original term
thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and, if he shall satis
fy all claims and demands incurred under such Contract, and shall
fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which
the Owner may incur in making good any default, then this obli
gation shall be void; otherwise to remain in full force and effect.
NOW, THEREFORE, if the Principal shall repair any
and all defects in said work occasioned by and resulting from de
fects in materials furnished by, or workmanship of the Principal
in performing the work covered by said Contract, occurring within
a period of twelve (12) months from the date of the Contract Com
pletion Certificate, then this obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed
upon this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work
to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work
or to the Specifications.
PROVIDED, HOWEVER, that this bond is executed
pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature,
1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same
extent as if it were copied at length.
26-19
20
-3-
IN WITNESS WHEREOF, this instrument is executed in four (h)
counterparts, each one of which shall be deemed an original, this
the
ATTEST:
.J 6.
day of January A.D. , 1975 .
THOMAS & THOMPSON CONSTRUCTION COMPANY, INC.
Principal
BY
(Principal) Secretary
SEAL President
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
FIDELITY & DfPOSIT COMPANY OF MARYLAND
Surety
BY
Attorney-in-Fact
Witness as to Surety
P. 0. Box 9. Lufkinf Texas 75901
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
26-20
PAYMENT BOND 21
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCKES
KNOW ALL MEN BY THESE PRESENTS: That we
(1) THOFAS & THOMPSON CONSTRUCTION COMPANY, INC.
a (2) Corporation
°f Lufkin, Texas hereinafter called Principal and
FIDELITY & DEPOSIT
(3) COMPANY OF MARYLAND of Baltimore ,
State of Maryland hereinafter called the Surety,
are held and firmly bound unto (4) I, CARD CF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Three Hundred Ninety-Four thousand, Six Hundred & No/100 *****
DOLLARS ($ 39U,600,00 )
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that \7hereas, the Principal entered into a certain contract with
(6) BOARD OF RLJENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner,
-2-
dated the 2foh day of January A. D. , 1975
a copy of which is hereto attached and made a part hereof for the
construction of: TENNIS COURTS III, RAQtjet STREET CONVERSION
and PAVING
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County,
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
26-21
Power of Attorney 23
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICEt BALTIMORE, MD.
Know All Mi:\ By Tjiksk Prkslcxts: That the Fidelity and Hkposit Company of Maryland, a corpora
tion ol the Stale of Maryland, by JOHN C. GARDNER , Vice-President, and C. M. PECOT, JR.
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized
so to do hy the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Prcsidents, Resident Assistant Secretaries and Attorneys-in-
Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any
bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments,
decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of
the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint E. L. Bar tie tt, Sr., E. L. Bartlett, Jr., Ele
Baggett and H. J. Shands, Jr., all of Lufkin, Texas, EACH,
"
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalt as
surety, and as its act and deed: any and all bonds and undertakings, each in a penalty
not to exceed the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000)„..EXCEPT
bonds on behalf of Independent Executors, Community Survivors and Community Guardic
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of E. L. Bartlett, Sr., etal,
dated September 23, 1957.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company, and is now in force.
In Witness Whereof, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said Fidelity and Deposit Company of Maryland, this
28th day of August f a.D. 19....1?.
Attest: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Signed)
C_.Ma..PECOT^.JR*
Assistant Secretary
By JOHN . C....GA.RDNER .
(Seal) Vice-President
Static of Maryland
City of Baltimore
On this 28th day of August , A.D. 19 72, , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant
Secretary of the Fidelity and Deposit Company of Maryland, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written.
(Signed)
(Si-al)
GLOKIA..J.....CQLEMAJN
Notary Public Commission
CERTIFICATE
1, ilu- undersigned, Assistant Secretary of the Fidelity and Deposit Company of Maryland, do hereby certify that the original
Power ol" Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe
cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of
the Fidelity and Deposit Company of Maryland.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
Fidelity and Deposit Company of "Maryland at a meeting duly called and held on the 16th day of July, 1969.
Resolved: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of th£ said Company, this
2.5th day Of Janaurx , 19.J&.
L1419—Ctf.
26-23
Assistant Secretary
INSURANCE CERTIFICATE
24
fMIS 1$ TO CtRTIFY THAT fh* p*4ky or polk to«, if any, descried i« items 1 throat* 6 hove been issued by the T«a«f Employer* Inturonce An ciofion,
»r Mm Cmptoyftrs Coioolty Compoay, •nd/or fhe Employers Notional Imurtiice Compony as faturer or Insurers to Hm Insured detracted in tn»c 'icy includes personal injury coverage
* yc 'j '?)>:.c 1 •.} s i 0 t\ r•■■?moved
(ovsr)
the
v'. MiVtO, 459? C DITTO I'y-fl L
26-24
25
his policy covers as owner, Stephen F. Austin University, for work performed for thetf ■
y Thomas k Thompson Construction Company, Inc. limited to work performed on the Tennis
ourts and ftaguet Street Alterations at Stephen P. Austin University, by attachment of
tandard Endorsement #IKB-G115
his policy covers Kent, Marsellos & Scott Architects aa "other interests" for work
«rfonned by Thomas in Thompson Construction Company, Inc. on the Tennis Courts and
Aguet Street Alterations at Stephen P. Austin University, by attachment of Standard
indorsement #G-107
26-25
26
MANUFACTURERS AND CONTRACTORS
10. Owners of land leased to others under long
term contracts, and upon which buildings have
been erected by the lessees, on policies cover
ing the lessees.
Owners or Lessees on policies covering con
tractors as respects liability for operations
performed for such owners or lessees by such
contractors or by others on behalf of such con
tractors provided insurance exists in the same
company for agreements indemnifying the
owner or lessee Tor ILahillty afjfjng out of the
jajpe-^ej^tions.flJse Standard rnoorseme~nT^
15 Trustees or members of boards of governors,
on policies covering charitable or educational
institutions.
13. Trustees, members of boards of governors
or clergymen, on policies covering religious
institutions.
B. Additional charge. Other interests may be included
^Hollows
Architects, engineers or surveyors. Coverage
for architects, engineers and surveyors en
gaged by the named insured may be included
as additional interests under policies issued to
owners or contractors at an additional pre
mium charge of 10%. Such coverage shall
exclude coverage for claims arising out of
any professional services performed by or for
the named insured, including (a) the prepara
tion or approval of maps, plans, opinions, re
ports, surveys, designs or specifications and
(b) supervisory, inspection or engineering ser-f,
Employees other than executive officers. Risks
involving coverage for the personal liability of
employees in connection with their occupa
tional pursuits on policies covering their em
ployers, shall be submitted for rating.
Use Standard Endorsement G106.
3. Qaeolme or OH Dealers. Lessors of premises
operated as (i) Gasoline Stations—retail, or
(ii) Gasoline or oil bulk distributing points, and
operators of such premises may be covered
under one policy at the rates and minimum
premiums per location and per policy, appli
cable to each operator under a separate pol
icy, increased 10%.
4 Owners, manager* or operators of premises,
or interests from whom premises have been
rented or leased, may be included on policies
covering lessees or tenants, at 90% of the
Owners Landlords and Tenants Liability pre
mium which would apply if they were sepa
rately insured except as specified under para
graph 3. above.
Use Standard Endorsement G109
5. Owners or Lessees on policies covering con
tractors, or contractors on subcontractors
policies, at 90% of the owners or contractor
protective liability premium which would apply
il they were separately insured.
Use Standard Endorsement—IRB-G116
See division A. paragraph 11 for procedure to
follow if an indemnification agreement is in
sured in the same company and the limited
coverage afforded by Standard Endorsement—
IRB-Gl 15 is to apply.
& State*, counties, cities or other government
al unltt. Coverage for the liability of govern
mental units on policies issued to the owner or
lessee of the premises, in connection with per
mits involving:
(I) the existence, maintenance, repair, con
struction, erection, or removal of adver
tising signs, awnings, canopies, cellar en
trances, coal holes, driveways, hoistway
openings, manholes, marquees, sidewalk
vaults, street banners, street decorations,
and similar types of exposures, or
(ii) the construction, erection or removal of
elevators, may be included at additional
charges of:
B.I $4.00 P.D $2.50
These charges apply for one or more such
exposures, per policy for one year or less, and
are not subject to short rate adjustment. If
Property Damage coverage is afforded the
additional interest, and not the principal inter
est, the above P.D charge applies disregarding
the minirr\um premium. (Report statistically
under governing classification.)
Use Standard Endorsement Gill.
7 States, counties, cities or other governmental
units. Coverage for the liability of government
al units on policies issued to contractors, in
connection with permits, except those in
volving operations performed for govern
mental units, may be included at additional
Charges of:
RATES:
B.I (a) P.D (a)
Minimum Premiums—per policy—one year
or less—not subject to short rate ad|ustment:
B.I (a) P.D (a)
If Property Damage coverage is afforded
the additional interest, and not the principal
interest, the P.O. rate and minimum premium
apply, disregarding the basic Manufacturers
and Contractors Property Damage minimum
premium. (Report statistically under governing
classification )
Use Standard Endorsement Gl 10
8. Volunteer Workers. Risks involving coverage
for the personal liability of volunteer firemen.
auxiliary policemen or other volunteer workers
in connection with their volunteer activities.
on policies covering the interests for whom
such activities are performed, shall be sub
mitted for rating.
9. All other additional interests may be included
at an additional premium charge of 10%. ex
cept as stated in division C. "Exclusions '
C. Exclusions. The interests listed below shall not be
included except as specified under division A "No
additional charge' .
1 Architects, engineers or surveyors not en
gaged by the insured.
2. Contractors on policies covering owners or
lessees.
3 States, counties, cities or other governmental
units, m connection with permits issued for
operations performed for the governmental
unit
4 Sub-contractors on policies covering OAn^s
or lessees or contractors.
5. Tenants or lessees, on policies covenng own
ers, managers or operators of premises or
interests from whom premises have been
rented c leased, except as specified under
division B. paragraph 3
XIII. CLASSIFICATION PROCEDURE
A The Governing Classification of a risk is defined as
that classification, other than the Standard Ex
ceptions classifications, which carries the largest
amount of payroll.
Jte January 1.1973 Original
Copyright, 1973. Insurance Services Office
26-26
27
CERTIFICATE OF INSURANCE
smed at the request of : Wilbur Kent
Kent, Marsellos & Scott
dress : I4OI4 Perry Building
Lufkin, Texas 75901
1HIS IS TO CERTIFY THAT the insured narued below is at this date insured with the
signated ooapany as described in the following schedule:
ne of Insured
dress of Insured
DESCRIPTIVE SCHEDULE
. Thomas & Thompson Construction, Co., Inc.
P. 0. Box 1^0?
: Lufkin, Texas 75901
pe of Insurance Policy Number Expiration
Date
Limits
oprehensive
tastrophe Liability DCL 07 76 20 7/8/75 $1,000,000.
cess of the Insured1s General Liability, Automobile Liability, Employers1 Liability and
y other form of Casualty Insurance, as set out in the Schedule of Underlying Insurance
bached to this policy.
THE EVENT OF CANCELLATION of the insurance it is agreed the issuing coapany will make
iry effort to notify the party to whom this certificate is issued of such cancellation,
t undertakes no responsibility by reason of any failure so to do.
Covers: Tennis Courts III, Raguet Street Conversion phase I and
Paving 1975.
BVICING AGENT:
Bartlett, B^ggett & Shands
P. 0. Box 9
Lufkin, Texas 75901
X UNITED STATES FIRE INSURANCE COMPANY
VESTCHESTER FIRE INSURANCE COMPANY
THE NORTH RIVER INSURANCE COMPANY
INTERNATIONAL INSURANCE COMPANY
BARTLEW, BAGGETT & SHANDS
By: Z^L
Authorized Representative
26-27
c£ 28
LIFE & CASUALTY
The jflEtna Casualty and Surety Company
The Standard Fire Insurance Company
Hartford, Connecticut
To Wilbur Kent
Kent, Marselloa & Scott
UOU Perry Building
Lofkin, Tens 7590ft
Date 1/16/75
Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force
in the Company indicated above by El, as follows:
Name of insured Thomas & Thompson ComtrttctiM, Co*, Irm. Coreringt Tennis Ocmrts HI,
P. 0. Box l£02 Ragoet Street Conpsrsion
Covering Lafldn, Tews 7HJ9O1 phase I and Paring 1975
nt of cancellation.
l notice will be given to the party
>m this certificate is
BAKT
By.
26-28
HLOOBTT & SHANDS
Authorized Representative
29
74-122
Upon motion of Regent Bryce, seconded by Regent Cullum, with all mem
bers voting aye, it was ordered that the architectural agreement with
Kent, Marsellos, and Scott for the design and supervision of the
tennis courts, Raguet Street improvements and general paving project
be approved and the Chairman of the Board be authorized to sign the
contract. (The fee is 7.3%).
26-29
30
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twenty Fifth day of January in
the year Nineteen Hundred and Seventy Five and between the BOARD OF
REGENTS STEPHEN F, AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, TENNIS COURTS III,
RAGUET STREET CONVERSION PHASE I AND PAVING 1975 hereinafter
called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; Seven and Three Tenths Per Cent (7.3%) of the
project construction cost; hereinafter referred to as the
Basic Rate; and such
26-30
31
other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from Auxiliary Enterprise Surplus
Funds and Student Fee Bond Proceeds
and other funds available to the Owner for expenditure
for the use and benefit of Stephen F . Austin State University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as agreed upon between the Owner
and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
Ill. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engi
neering services and any other services included in Article 14 as
Basic Services.
■26-31
32
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shall pre
pare Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, mechanical and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
26-32
33
entire Project including the necessary bidding information, and shall
assist in the preparation of bidding forms, the Conditions of the Con
tract, and the form of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over
the Proj ect.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construc
tion Contract and will terminate when the final Certificate for Payment
is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Con
tract as set forth in AIA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and respon
sibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
26-33
34
1.12 The Architect, as the representative of the Owner during the Con
struction phase, shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless other
wise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize him
self generally with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance with the Con
tract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be respon
sible for construction means, methods, techniques, sequences or pro
cedures, or for safety precautions and programs in connection with the
Work, and he shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Appli
cations for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts,
26-34
35
The issuance oi a Certificate.: lor Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observation.1,
at the site as provided in Subparagraph 1.1.14 and the data comprising
the Application for Payment, that the Work has progressed to the point
indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
to any specific qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Con
tract Sum .
1.1.16 The Architect shall be, in the first instance, the interpreter of the re
quirements of the Contract Documents and the impartial judge of the per
formance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con
tract Documents.
26-35
1.1.17 The Architect shall have authority to reject Work which does not con
form to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implemen
tation of the intent of the Contract Documents, he will have authority
to require special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such Work be
then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and
other submission of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in
the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of Sub
stantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors1 agents or employees, or any other persons performing any
of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the
26-36
37
Owner and Architect agree, the Architect shall provide one or more
Full-Time Project Representatives to assist the Architect.
] .2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated
therefor as mutually agreed between the Owner and the Architect as
set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Full-
Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representativ
es of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work, but the
furnishing of such project representation shall not make the Architect
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs, or for the
Contractor's failure to perform the Work in accordance with the Con
tract Documents.
1. 3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
26-37
38
1.3.1 Providing analyses of thu Owner's needs, and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites,
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces.
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner .
26-38
39
1.3.10 Providing consultation concerning replacement of any Work damaged
by lire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1 . 3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2 .1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
26-39
40
2.2 The; Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect t'» the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
26-40
41
2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.] For completed construction, the cost of all such Work, including costs
of managing construction;
26-41
42
■j. I .2 I'or Work not constructed, (I; the: lowest bona fide bid received frorr,
;l cjualUied bidder ior any or ;ill ol such Work; or (2) it the Work is
not bid, the bona fide negotiated proposal submitted for any or all o!
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2 . 3 through 2 . 6 inclusive .
3.3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors1 methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
26-42
43
This page left blank.
26-43
44
3.5 When a fixed limit of Construction Cost is established as a condition of
this Agreement-, it shall be in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for :he
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable),
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
26-44
45
Construction Cost or the Statement of Probable Construction cost, the
Owner shall (1) give written approval of an increase in such fixed
limit;, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5,1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
26-45
46
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid .tor securing approval of authorities having jurisdiction over
the Project.
5.1 .2 Expense of reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 Expense of computer time when used in connection with Additional
Services .
ARTICLE 6
PAYMENTS TO THE ARCHITECT
b.l Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phas 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
26-46
47
6.2 Payments lor Additional Services of the Architect as defined in Para
graph J.. ■>. ;>.jnd for Reimbursable Expenses zs defined in Article 5
shal] be made monthly upon presentation of the Architect's statement of
services rendered.
6.3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment .
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
26-47
48
ARTICLE 8
TERMINATION Of'1 AGREEMENT
tf . i This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination .
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses .
8.3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner on
26-48
projects or extensions to this Project except by agreement in
vriting and with appropriate compensation to the Architect.
AR1ICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants o£
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other .
ARTICLE 11
ARBITRATION
11.] All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise,
No arbitration, arising out of, or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi
tional party not a party to this Agreement except by written consent
26-49
5 0
•. '.j\ .' aiiiine 'i specific reference to this Agreement and signed by all
the. parties hereto. Any consent to arbitration involving an a.ddi-tional
party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen, in
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim ,
dispute or other matter in question would be barred by the applicable
statute of limitations .
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereol .
26-50
51
ARTICLE 12
I/.XTRNT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
26-51
r>2
N I'M tit k < )R COUNTERPART COPIES
This Contract is executed in lour counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
President of the Board
ATTEST:
A,.-.
Secretary
KENT , MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
26-52
53
74-]23
Upon motion of Regent Perkins, seconded by Regent Gray, with all
members voting aye, it was ordered that the Board's rules and regu
lations be amended by inserting the following:
The official retirement age for employees of the University
is seventy years, and an employee shall be retired on
August 31 next after attaining age seventy. Academic deans,
department heads, and any other administrative officers
holding positions normally subject to the protection of
tenure shall be relieved of administrative responsibilities
on August 31 next after attaining age 65. (This regulation
will become effective on August 31, 1976, and will apply
on that date to those who have reached age 65.) An indi
vidual in this category may continue to serve the University
as a faculty member at an appropriate salary until August 31
following the seventieth birthday.
The Board of Regents may make exceptions to this rule for
the benefit of the University.
74-124
Upon motion of Regent Gray, seconded by Regent Powers, with all
members voting aye, it was ordered that C. G. Haas, Secretary to
the Board, be authorized to receive bids on the sale of the Boardfs
subordinate lien Ad Valorem Tax Bonds and is further authorized to
accept the bid which, in his judgment, is the most desirable, sub
ject to the confirmation of same by action of the Board.
26-53
54
74-125
Upon motion of Regent Cullum, seconded by Regent Powers, with all members
voting aye, it was ordered that the following curriculum items, approved by the
University Undergraduate and Graduate Curriculum Committees, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Hours
Credi t
COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Geology 510
Theatre 480G
Title and Credit
Earth Science for Teachers
(3)
High School Theatre
Activities (2)
New
No.
510
480G
New Title and Credit
Earth Science for Teachers
(4)
High School Theatre
Activities (3)
26-54
74-126
Upon motion of Regent Brycc, seconded by Regent Wright, with all
members voting aye, the University was granted permission to petition
the Coordinating Board to offer the following degree programs:
1. Master of Science Degree with a Major in Statistics
2. Bachelor of Arts Degree with Interdepartmental Majors in Liberal
Arts
3. Doctor of Forestry
74-127
Upon motion of Regent Powers, seconded by Regent Gray, with all
members voting aye, permission was granted the University to increase
the reading evaluation fee from $5.00 to $15.00 and to increase the
reading instruction fee from $15.00 to $30.00 per semester.
The meeting adjourned at 11:30 a.m. The next regular meeting will be
the annual meeting in April held on the campus of the University.
26-55